USCIS Enacts Strict Notice to Appeal Policy for Noncitizens

An attorney in New York State, E. Abel Arcia represents a diverse group of clients obtaining legal immigration status and claiming compensation for worksite injuries. As an immigration lawyer passionate about reform, E. Abel Arcia litigates a wide range of deportation and removal cases. 

In June of 2018, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum updating its Notice to Appear (NTA) requirements. Individuals who are not citizens can be issued an NTA by any federally regulated immigration agency. These notices initiate deportation proceedings, which require the person to attend a hearing and appear before an immigration judge. 

The new policy makes an extension denial a deportable offense carrying a 5-year re-entry ban if the applicant’s visa status has expired during processing. Additionally, since there is no requirement to send a warning notice, applicants may not be given sufficient time to rectify their unlawful presence. 

This policy change is especially detrimental to professionals on H1-B visas, who typically face long gaps between the submission of their visa extension and a decision. USCIS has a significant backlog of applications, which increases the likelihood that an applicant’s original immigration status will lapse before a decision is made. Experts advise employers of H-1B visa holders to petition for work visa extensions well in advance or to file for a green card as soon as possible.

Former US Ambassador to Mexico Criticizes Immigration Policies

Attorney E. Abel Arcia is a respected presence in the New York immigration law community who leads the Law Office of Arcia & Associates. With a focus on ensuring that immigrant rights are protected, lawyer E. Abel Arcia maintains a close watch on developments in this fast-evolving area of law. 

Having resigned her position in May, former US ambassador to Mexico Roberta Jacobson was recently interviewed by National Public Radio. Critiquing the “zero-tolerance" agenda set in place by the Trump administration, she forwarded the idea that the policies were draconian and un-American. She noted that a substantive solution would be one focused on addressing the core reasons why migration from Central America and Mexico is increasing. 

Ms. Jacobson described her decision as reflecting, not only opposition to the new immigration policy, but profound challenges in working with the Mexican government under the circumstances. With Mexico eager to establish a deeper and more productive relationship with the US on the immigration issue, the Trump administration’s hardline stance gave her no leeway to engage in traditional diplomacy.

Contested and Uncontested Divorce Cases

A passionate lawyer in New York, E. Abel Arcia serves as senior and managing attorney at the Law Offices of Arcia & Associates in Jackson Heights. In this capacity, E. Abel Arcia oversees several of the firm’s departments and practice areas, including contested and uncontested matrimonial issues handled by the matrimonial department.

In the state of New York, divorce cases can be either contested or uncontested. Uncontested divorces are solved without court involvement. These proceedings usually begin when one party sues the other for divorce. But instead of resolving issues of child support, custody, spousal support, and the division of assets before a court, both parties amicably discuss such issues and make a final decision without going to trial. They then lay out these decisions with a written agreement and the divorce is finalized within a few weeks.

On the other hand, contested divorce means parties are unable to resolve their marital issues out of court. These types of divorce cases are more expensive and typically last longer than uncontested divorces. Both parties involved in a contested divorce case must seek out representation instead of attempting to represent themselves.

When a divorce is categorized as “contested,” it doesn’t mean both parties are actively fighting one another. Complicated cases are often contested due to the involvement of complex assets or decisions. Beyond that, some contested cases are settled out of court between both parties and never see trial at all.